The Sun. — London, England, 1826-01-28 00:00:00

1741 ENCII PA V 1,111,5. IF turn Me Courier Prat:xis Weitittntri, Jan, 251 AMC, Asi.:l-I.—A letter from New fluted Dorpolber , 22 ; hag bi•in cOrfirmit,tiCate4 to 04: It tO ,tuirtx rit“Ailc : " rho ns,ciikidill4 of 11,, fro SO I'+ nittyulu of . YOcatlli, 81111 01 Coioollo,lll troops ill Itlt' ISOI , OOS of ( ) snares, where all the Vi.te. tans of Peru ac. collyvting, the activity with which ships• are building, being nui;t for ho:h t two! 'Republics in the ports of thi• United.titateg, tie departure of the Asia to double Cape lint", add the junction of all tile Colombian nett Nlesi ••Can forces in the Pacific, leave no doubt of the resolution to .attack Cuba. The English do riot oppose this project, as was. at first imagined. It is also to be Observed, that it is under these circumstances that the United States send Deputiei to the Congress at P a n ama , an d have chosen them from among their most distin tuished Statesmen: they are Messrs. Craufurt .and Galatia. 'lint inhabitants of Cuba Mavis exact inform -non of all these preparations, and look forward tti great events. The last letters from that island announce, that on the 22d November there was a popular tumult in the Village of Regia, ten li.,agues from the lltivamish. Though it was ap peased, it much alermed the Members of the Go vernment, who see the danger of a' general crisis become daily more imminent." • (From the Pilote.) Conpu, JAN. I.—Twenty-six Ilydriot vessels, noder linulis, have.kept in check, for twenty cloys, the whole Turkish fleet before Patras, ..and whenever the Greeks have attempted any offensive operation, they have been obliged to re torn into their lines with loss. The delay of the Greek fleet in joining the Ilydriot squadron, in (lured Miaulis to leave the Gulf of Naupachos, to remove, as soon as possible, the trifling ditli c.ulties which detained the other divisions so long at Spezzia. An English , packet, which quitted the coast of Acarnunia twelve days after the departure of Miaulis, yesterday brought ns news, that the Greek fleet, of sixty-seven sail, with many fire-ships, had doubled, on the 9.2 d tilt. Cope Papa. A few days before, Such tury met, near Scio, two Turkish frigates, convoy 'llmg 200 transports ; he burnt one of the frigates, ' disabled the other, and took all the transports. The last news which we hove received from the PelopOnuesus is very satisfactory. I brahirit Pacha bad attempted to open himself. a passage by Acron; but he was attacked there by Londos, who killed many of his rasa, and obliged him to, retreat. Another Egyptian corps was landing at the same-time at Salons ; but the brave Rume nuts .drove it hack to the, beach, and It re, embarked, so that this expedition lied no result tit ha e vet.. bruhini Paella, having completely failed*, and lest many men in his march to Arrant, retreated info Nunpachus, where he hastily embarked. on board the Egyptian vessels, crassest the gulf, and ftiarched against Missolongloi. When he arrived . 1,, fore. the place, he imm e di a tely gave orders for u:goilaral assault, but the gerriSoll behaved with firmness, repulsed the enemy at all points, and ,ol.tligisrl them to retreat into the entrenchments of the Seraskier. Missoloughi having beets besieged fere few days by sea, began to want provisions ; Lut. on the rit-appearatoce of the Greek fleet, all ce , communications were free. JAN. (3. The bad.weatherbas sUs- Tetlded the operations at. Vigo; besides, the '.powerful engines ere expected at Vigo front ~London. .Nothing is talked of but a new ex pedition to Mexico ; for which we want nothing .but, ° ships, sailors, tramps, and ehove all money. Yet'it seems that the new form of Government which yules u', ought to have supernatural means togive triumph to a cause which so nearly affects its interest. Every body complains of .What we suffer, but .we bear it With resignation, because we always expect afavourable political change. FitENCIE JAY. 26.—Five per Cents. 981 . • 70c.---Three per Cents., 671. 65e.-11ank Stock, 2,055 Neapolitan lien tes, 771. Vre.—Royal Spanish Loan, 1023, 40— liirchange .Lonilon one Month, 2.6f.20c. • throe month s , 1 4C.---(Cout ditidetaique.) 3111CHET.---Tite funeral of this Gener a l t oo k place on the 23d, et eleven &clod(' The body was accompanied to the cemetery (the Pere La Chaise) by the )Ministers, the Marshals, the Great Officers of the Royal * Household, the P - rinces • and Princesses, and a great number of (enteral 011icers,iti addition to the private friends of the deceased. , The pall was borne .by the Dtik' of Cotteglitt - no, Mareschal Jourdan, the Marquis Demonyille - ,' and count Belliard. The, Chevalier Sucher, brother to the deceased, was Mourner. Detachments front the 14th, S3d, 47th, and 17th regiments,. with their respec. live colours and 'hands, together with 14 mourn, leg and 140 private 4:4rriages, preceded, or fol lowed, the procession - . The Duke of :Reggio pronounced the funeral oration:. On Sunday (rooming, about ton o'clo c k, li ve or six young men went on* to sea in a boat, and amused themselves 'with firing at sea gulls. While engaged in tltis occupation, ho very proper on a Sunday, some of the lobos struck the window s o f ,the Star and Garter /LAO and the adjoining house, in each-of +a hick they broke two panes of ,glass, one being on the ground floor and the other on the first floor, Mr. lie witt's nephew, a child about seven or eight ,years of age, was standing at 'the time at, the window, within a foot of the pane that was struck by the shot, and it is easy to pert: vivo how dangerous a practice like this must be. Mr. Hewitt, on the return of the boat to the shore, by virtue of the autho rity vested in him as a Commissioner, by ,a clause ~in the new Act of Parliament, seized the gun, and on Monday morning' very properly obtained -sourrorrionses against the man who 'fired it, and also -nitsimt the owner, and another person, who ob atract and used threatening langudge towards thighion Gaulle) - LA* E WAG N CV. V ICK-CHANCEIatO iCOURT, .am 5. PAULZTT AND wriAlts Hots 4 It, molted on behaltaf,the plaintiff; tbarthe High 9e Pucks should be restrained from paying over to the, ,I...fetalant a Stith of 9001. apil upwards, now in lush:olds, the proOedi oC a writ of esstentien to him directed, and also to restraiutheale.,:idant ..'from proceeding upon, two several bonds r f The Plaintiff's. It was stated by Counsel', that Mr. Paulett„ coin.- embarrassed in his ercurnstancei, had applied to tta.: d6.,ridatits Deane, living ..ear Covent-garden, to s( ;lenient with his creditors. Mr. Paulett in the, mean ...ent to rcxide at Abingdon-house, Bucks. After some elapsed, it appeared that , Mr. Deane had not sue ceeded in his exertions; but. as :11r. Paulett was about to leave 4ngtaarl„lie appit ;d to be pilid certain sums which he said he had di,blirsed on Mr. Patric:Ws aceount,Und also for a remit nerati9ir for his services. Mr. Paulett not being then able to pay, agreed to give Mr. Deane a bond, in which he prevailed ...s ; , ;5t,...n . , Miss Paulett, and Lord Nugent (also • to.l'Oin, in order to cover what might be due to the defendant. Toe defendant had, never furnished any a:count of the claim he might have on the plaintiff, although he had been 6equently requested to do so ; but he had proceed e d tot ob ta i n judgment on the bond, and e x ecution had actually been levied upon Lord Nugent. •TO restrain the payment of the money under this execution, was the that. object.of the injunction; and it went further to prevent any other proceedings upon this bond. The bill stated, moreover, that Mr. Paulett, having occasion to raise money, had requested the defendant to procure it for him, and that he had in consequence executed ,another bond to a Mrs. Cecil, represented to belliVing in Sloane -street, who the defendant said was willing to lend money on Mr. rauletes personal security. No money had, however, been procured, and' the bond was, in fact, u charge outstanding against the plaintiff, who had never received any consideration for it. The further object of the injunction was to restrain any proceedings on this bond. The injunction was granted, and Mr. HORN): intimated that he should forthwith *pp!) , for an order to the Shea' of Bucks to pay the mOney.intd7Court. WILIVPON T. THE PtiIENIX OAS COMPANY. Mr.•IIAnT moved for an injunction to restrain the defendants from proceeding with certain works which belonged to - the plaintiff:. It appeared that the, Act of Parliament by which this Company was instituted, contained a power for cutting through any places which might be necessary for the laying their pipes. The plaintiff was possessed of a house, in the front of which was an extensive avenue of elm-trees, and the workmen of the Company had opened the ground on . which these treca stood, as well as other parts of the IklaihtirS premises, for the purpose of laying pipes, and carrying on other operations. In the month of November last, thirty of the plaintiff's trees began. to lose their bark, and to decay. Upon examination, it was discovered that the trees had been destroyed by the gas which had escaped from the pipes under and near to them. This fact was substantiated by the affidavits of two market-gardeners mid a practical chemist, who stated they had no doubt that the trees had been destroyed by the gas. Mr. Suonnst, for the defendants, opposed the injunction on the ground that the plaintiff had not included the trustees of the parish, who had given permission to the Company in the bill. Ile had besides suffered the lamps to be lighted for live months before he complained. and then finding that the bark fill frem his_ trees, he thought the injury had been done by some mischievous boys, and had offered a reward accordingly. The VICE-CHANCELLOR said, that as no immediate in jury was apprehended, and as the plaintiff had a l rea dy per mitted the lamps to he lighted fbr five months, this was not a case in which the Court would be induced to depart from' its usual practice: The objection taken by the defendant's Coun sel was • a valid one, and the nmtion could not therefore 'be made until the trustees should be made parties to the bill. - COURT OF KING'S BENCH, JAN. 27. - MF.M.OI RS OF 11,111,111ETTE WI I,SON. BTOCKDALE V. ONWItYN. Afr. ilnouattaat moVed for a rule t o sho w c a use w h y t h e norisuit should not be set aside and a new trial had. This was an action for pirating a work, entitled " Memoirs of Harriette Wilson," and at the trial before the Lord Chief Justice at Westminster, the plaintiff WilM nunsuited on two grounds,--"- first, that he not sufficiently shown that be was the proprietor, of the copyright ; and second, that the book Wan of a libellous , and licentious charact er . Th e fi rst o bje ct i on , h owever, was ', not relied on, as there was a count in the 'declaration, merely alleging that the plaintiff was the first publisher ; but the non. suit was rested on the second.. Now time opinion, that no pro. petty could exist hi an objectititiable work, MMI - AA NU merely by a, dielunt of Lord Chief justice Eyre. lie spoke with the more confidence on this point, - because in the cases which had come before the Court of Chancery, no other autho rity was cited ; and it was certain, from the universal and pro. found learning of land Eldon ' that if other case* existed, h e would have reterred to them in his judgment.. That case; as stated in . argument by Sir Samuel liontilly, in " Southey v. Sherwood" was nu action brought by Dr. Priestley against the hundred for compensation in respect of him library end philo aophical Iwo:irides, which had been, destroyed by a riotous tnob. A suggestion was 'made, that the celebrated person who was plaintiff, had been in the habit of publishing works injti. rious to his Slaiesty'll tioverinnent ; no such evidence was of fered ; but Lord Chief Justice Eyre said, if it had been offered, he should have received it, In reference to the plaintiff's Now, 'in the first piece, this dictum was extrajudicial as the' question never arose; and in the next place, it was so mani. testlY incapable of being supported to its full extent, as to be of little value. !low, then, did the question stand, independent of decisions ? It was clear that, for some purposes,. there Might,lot property in a licentious book t as for example, an in dictnient would he for larceny, it' it were stolen. Mr. Juttice LITT LEDALE —Oil, that is a very different case ; because a man may have a property in the leaves and the binding: • • • . • Justice BAYLEY—Rut if the value came in question, Idotibt whether it could be found to be of any value beyond the paper and the covert. . • illr.llnouottast proceeded to u r ge th a t t h e effect of for. bearing to restrain or punish the piracy of mischievous works was their increased circulation at they were published at lower prices —the. book in question bad been sold at half the original price by the'defendant. Mr. Justice Ittit.noYn—ls not the foundation of this action a right to publish ? and can there be a right to do an act which the latv will punish criminally, when done ? Mr. Baoutittax argued that if' there could be no property in a work which was chiefly licentious, there could be l a ne in a work etintitining • any objectionable passage ; and do could never be contended. In Home v. Dale," 2 Campbeil, 20 1 4n action was brought fur pirating a song-Abraham New laml--wben the Attorney.Oeneral, Mr. Carroty , read a verse reflecting on the administration Hof justice, to show that he could not he protected by law • but Alr. Justice Lawrence said, " The argume nt use d by law; Churow on this fugitive piece as being a libel, would as forcibly apply to the lle p aror's Opera, where the langu age and illusions ate suff.ciently de. rugatory to the 'administration or public justice."' 'Thus it was clear Mr. Justice Lawrence thought the Reggaes Opera work in which there might be property,.for he put the contrary supposition as an absurdity; amid the Beggar's Opera exhibited the exploits at' licentious characters, not to hold them up to de. testution, but to throw an eclat round them and make them the means 'of pleasure to readers and spectators. This work bad never been prohibited by time Cantherlain ; but another work of the Same author, called Pally, had been ; and yet Lord Talbot protected Polly, by restraining a person who pirated the songs. • Mr. Justice I)AYLE Y —Perhaps he thought the best way of suppressing the work was to grant the injunction prayed. Mr. IlatavonAm said, that a' Judge, no less learned and severe than Lord Kenyon, had considered the llfernoir,s of: Georgiana entitled to protecion. At all events, the character of the work WIN no ground of tionsnit, hut only a ground for mitigating the danthges: - The' statute of Queen Anne providetl not only for the protection -of authors, but the punibliment of pirates ; :led if there Wita no property in mischievous works, 'the worst • of pirates mutt escape ponishrtient,.becatute no one would be entitled to take the requisite Measures to bring them to justice. The decisioh of the. Lord' Chancellor, of which the last was ' 1 Southey V. Sher wood," 2 Alerivale, 435, were no authorities on this point, be •cause it might be very proper to , withhold the extraordinary In. terpokition of a Court of Equity, when a party might have a title at law. The 'queStion, therefore, was still open, and was worthy of being considered further. 'the Loki (shits' JusTicy.-- - -This was an action to re cover damages for arm injury Width the plaintiff' alleged he had sustained. by the pliblivation of another copy of a book winch lie el/mimed an sk e t us i ve right to publish. 'At the trial it was -proved, and not di s p u ted, that t he work professed to be the history of the amours of a courtesan, and that in many parts It contained matter exceedingly indecent e nd licentious, and in others libellous statetneets, e ff ect i ng the greputation of indivi duals mentioned by name. The question then is, whether the plaintiff can come into a court of law and Clain) compensation 'for loss of profit on such a work ? To do this, he must stre w that he has a right t o tell, for it is an injury to this right of Which he complains and if he has no such right, he can have no ground of action. Can any law Jeerer say he has a right to pub. fish such a work es this, w h en t h e act or issuing every copy to the world im•an offence against time law, for which he may be punished by the law? No, ever!, lawyer, and every man of sense must Say at once, that no such tight exists.. And are we, then, to afford security to a claim of right which cannot be exerted in a single instance without the commission of .a cruse ? I am of °Pinion ' on the first and plainest .principles o f t h e . common l aw of England, that such security ! cannot be given. Those prin ciples are the principles of common sense anti common jus tice;: common sense and common justice prove, that no pro perty can exist in such a work ; ,and I desire no precedent, no authority, to warrant me in pronoinicin my judicial opinion that no such property C2ll be recognized by law.- " I will say a few words on the. - ,decisions which have been referred to in • courts of equity, though they are no authorities to bind Us.— It scents that one learned and exulted person thought it was better 'to restrain the pirate }tom diffitsing a - 'flitschievouss work ; while another person of equal rank and equal learn ing conceived it better to recognise no property in such rs work, and - thus to - discourage men - from, • publishing, by • the easy defeat of that uniform objeCt—gain. The „object of: both was the same--the -suppression of pertini 'ous books; and it is unnecessary for us to determine which Course was most likiikr to produce that object. It is enough for us to say that we cannot enforce a right to such a work ; and that it would be a greet disgrace to' a court of law if it could for a moment regard it as within its protection. • The other Judges Concurred; and Air. Justice . BAY tE'T sdtled, that perhaps it might be desirable that a Court of Equity should restrain a party from publishing a libellentl, or licentious work,' on the,undertaking of the author not to pub lish it himself. 31r. BROUGHAM, of course, took nothing by his 'notion. COURT OF COM.MON PLEA,S,-JAn. 27. WRIT OF amire.—TOOTII V. This was a proceeding by writ of right; to try the claim of deinandant to certain premises in Whitecross.street, Middle sex, now in the possession of •Baxwell. Althought the pro.. perty is small, the question of right to it involves the title to possessions of considerable extent. The novelty of the pro. ceediny,s attracted a full Court. It may be necessary to state, that when a person omits to claim his fee simple property for more than 20 years, he is debarred from - the usual proceedings by ejectment and other ordinary courses ; his only alternative is a writ-of right. By Act of Parliament he is allowed, in certain cases, 30 years to bring this writ, but in' some cases, such, we believe, as the present, he is allowed 60 years. The trial takes place at bar, before the four Judges of the Court of CoMmons Pleas, and a Grand Assize,--consisting of four Knights and a certain number of Esquires, chosen after a par ticular form.—After the officer of the Court had called the cause, the Jury were called over, and some excused through illness. Among those who were absent on the ground of • ill.: ness, was one of the tour Knights, Sir George Alderson, for whom a physician attended, and swore that Sir George was unable to appear, in consequence of, an indisposition which made it uncertain when or whether he could ever attend. The .Sheriff also made a similar return. Air. Sergeant BOMAN Q,IJET now moved the Court that the process which had been issued should be taken off the roll, and a new renirc issued,, with an, entry of contingencies, to summon four Knights to choose a Grand Assize, or that the demantlant should enter a suggestion, stating the inability of Sir George Alderson to attend, in consequence of illness and bodily in. firmity, and that the said Sir George Alderson should be dis charged from attendance, and that a venire be issued to sum. mons another Knight to attend, and also that a distringui should issue to compel the other Knights and Jury to attend. The Learned Sergean ton behalf of demandant, contended that the Court had a right to'porsue either course, and that the equity of the case required such alternative as would give justice in this important question. Ills client was anxious to go at once to -the merits of the case, and he hoped the Court would not allow uny technicalities to prevent or delay the final decision. Mr. Serjeant VAUGHAN, for the tenant, would avail him self, of any legal obj ect i on to i m p e d e t h e c ou r se o f t h e vexa tious proceedings. Was it to be tolerated that those who had almost slept " the sleep of death" over the quiet occupation of this property by his client, should now be allowed to disturb that possession by this most novel proceeding ? Ile therefore would not wave any part of the - established form. Ile con tended that the attendance of the four Knights was essential, and that the Court could not sutrer the trial to proceed without them. It was not shown to the Court that Sir Ueo. Alderson could never attend ; he hoped his health would enable him to do so, and that he (the Learned Serjeant) might have the op portunity of seeing Sir Ucarge and the other gallant Knights and Esquires in good health assembled here on a future occa sion. It never was the policy of this Court to give any facility to disturb a long and peaceable possession, and there was -no ground for a departure from this practice upon the present occasion. • No precedent had been shown to warrant such de parture, and he conc e ived it imp era ti ve on - t h e C ourt to a dhe re to established forms. The Co ti RT. expressed a hope that, this antiquated proceed. ing by writ of right should undergo a legislative revision ; it mot MIL suited to the legal practices of the present day. Ihe • Court would nut adopt tne first proposition of the Learned Ser. geant (Bothinquet), and although there Were no precedents to direct their decision on this occasion, they would be governed by the rule of common sense, which was the best principle: of law. They would adopt the second suggestion, and direct the Sheriff to strike the name of Sir George Alderson off the roll, and to place that of another Knight. .upon. it, arid then the four Knights shall attend with the present Jury to form a Grand Assize. • This course would prevent unnecessary delay, and meet the justice of the case, which was their great object. Cite trial was then fixed for 17th April next, and the Court ordered the present Jury •to be in attendance ; adding, that it would be necessary for such of the gentlemen as wisned to be excused from appearance to renew the application to that effect made this day. The Court regretted giving them so much trouble, but it was out of their power to dispense with it. Sir Richard Birnie, the Foreman, addr esse d t h e i r l or d s hip s , complaining of thc,delity, which occasioned three days' attend ance of the Jury, and hoped the business would be concluded on the 17th April. • The Lon» • WIMP Jus•rtcx would give every facility to get rid of this question on the day fixed. CONSISTORY COURT, JAN. 27. WEST MEATH, V. I VEIVI . I4IIAII4.—The particulars of this ,have been frequently detailed at length in The Sun. it is a suit instituted by the - Marquis of Westmeath, for restitution of conjugal rights, which-is resisted by the Marchioness, on the ground of alleged adultery committed by the Marquis, .with a woman named Mary Brennan, and others. In addition to this, the Marchioness has pleaded repeated 'acts of cruelty and vio. lence. Tile case came on this day to be argued. Dr. 14:3nINGTOif addressed -the Court at considerable length, in support of the,defence of the .'Marchioness, and bay. ing detailed Ole important pats of the evidence, aubmitted that With respect to the adultery the evidence was conclusive, and that the cruelty had been proved by the' admissions of t h e Marquis himself to Air. Wood i and in his letters to the Alm. chioneas, which had been read in Court. In these letters .the Marquis prayed forgiieneSS for the acts he had committed, and, in fact, admitted thevuth of the allegations. It was the•duti of the Court to protect parties against the repetition of similar cruelties. Ile did riot deny that there had been instances of kind treatment on the part of the Marquis, but the gene ral tenour of his conduct rendered it impossible fur the Marchioness to . live with hint. lie tdiould abstain front any comment on the conduct of certain Noble parties who bud first supported the Marquis in depriving tier Ladyship of the care of her own child, and a wttot to sa t i l l tidt i a n l e ten tit p u a e r , t d i n e the subsequent proceedings, reserving, righi tomake such'remarics, in ease any thing should be intro. tinged on the other aide to render them necessary., 1, 1 , 011 t h e whole view of the case, I* contended, that her Ladynaip was fully and justly entitled to the relief she sought, namely, a divorce front her husband. Dr. J. di pitrds followed on the same aide.—The remainder of.the argument was pomponed to a future day. TIIE SERPENTINE 1t1VER...7411P Severe frost, on -Thursday night, produced another revoluti on ott the Serpentine River, whith exhibited yester day one solid body of ice , from one P . kid to the other ; and, considering the multiplicity of changes the ice has undergone in the course of the last eight days, it was tolerably clear and good. About one o'clock, the extraordinary brilliancy Wi:h which the sun burst through the etra morning jvaiscaodf r e n to i l s or t t , , t: e (i t ; t u r a a ili c s:a t i t g ;d ea: t Lytlewo o'clocklr it . want' u : 1 2 17) :: graced the ring. There were, however, but few persons on the ice ; and among the skaters none but gentlemen. Of course, among these, figure movements were the only flights attempted, and to the awkward, in such evolutions, the risk was proportionable. In consideration of the lute pecuniary calamity here, Government have most handsomely caused all pensioners and half-pay off►cers to be supplied unusually early with the pay tickets to Christ mas; and instead of supplying the latter with bills of Exchange, the orders wtrrt. peremptory on the Treasury Department of our Dock -yard.—( Pty mouth Journal.) ST. (NAVE'S, HART-STREET. A Vestry Meeting, on the subject of- Tithes was on Thursday held, for the purpose Of taking into consi deration some imporutnt correspondence between the Tithe Committee and the Bishop of London ; but before the time appointed t'or the commencement of business, Dr. Owen, the rector, catered the room. Mr. NODIN-1 mite the liberty of movin,g, that one of the Churchwardens do take the chair. Before this Kotion count be ontertained Dr. Owen walked up to the chair, seated himself down upon it, and deliberately opened the Vestry-book that was before Mr. NODIM-1 suppose, then, that you consider yourself entitled to.take the chair, under the Act of Parliament ?—Dr. OwEN_To be sure I do. One of the Parishioners here addressed Dr. Owen in a tone •of4ernonstrance, and said that it Would, be -necessary, ,in the 'course of-the proceedings, to investigate his conduct. It would be extremely painful to their feelings to state things in his pre sence which reflected on his conduct ; but it might be neces. • sary, and if they • were compelled, why it would be .his own fault; he must take the consequences. Dr. Owux-1 don't understand you ; why we are friends ; we are rowing in the same boat; we have agreed upon every thing, and the only opponent to our wishes is the Bishdp.— Why • any thing secret ? Why any thing to be kept back from me ? it is of no use my . being away; I shall know all that passes. Mr. NODIN . L-We want indemnity for the past, and secu rity for the future;, we deny you are rowing in th e s a m e bo a t. Mr. Nodin then aluded to a letter which had appeared in the papers in the name of M`Doughall, which reflected on the con duct of a respectable and opulent parishioner, whom he men tioned as " one Howell." Now this hostile letter must have come from the Doctor himself. Dr. OwEm • (as we then understood him) admitted this letter came to him, enclosed in one which called upon him to assist in repelling the attacks which were made upon church property. A Parishioner begged to ask whether the Doctor bad not subscribed in support of the objects of this alliance? • Dr. ()limit said he - had, hut not himself singly. lie had subscribed before the proceedings in this case took place, but he declared he. had not subscribed one farthing subsequently. Mr. NODIN said the rector had so often gone from his word, that they could not trust him. Dr. OIVEN—We will at once put an end to this. If you sus pect my intentions, I will immediately sign any paper that you wish, that will bind me to the auto we have. agreed upon. Mr. NODIN- - --The parish will not run from their words; they wilt pay what they have agreed upon, if the intended bill gets through Parliament, • Dr. OWEN—OId if my annuity is to depend upon the bill getting through Parliament, that is another question. In that case, my agreement is void. i%lr. Tu ;Amen said, it was impossible for the parish to de part from its agreement ; and he wished to inquire of the rec tor,, whether, if they inserted a clause. to secure him an annuity, he would oppose it or interfere? Dr. OwEN—Certainly not, unless the Legislature should in terfere, to fix some otter sum. Mr. Tr thoot—What, if they should interfere to,give you 2,500/. ? Dr. Owen—That is not likely.—(A laugh.) Mr. Alonaaar, the wine-merchant, of Crutchedfriars, then rose, and claimed the indulgence of the Meeting. He had long been deterred front cooling there anti delivering his sentiments, as i.e did not choose to encounter the virulence of those who were in hostile array against their excellent Rector who now xo properly presided. The persons who opposed him might be divided into three classes : the first were those who could hot be supposed to have any interest m the wel. fare of the Church, since they never attended it; the second were those Who dissented front its doctrines, and who were its enemies; and surely they were not the persons front whom the sentiments of the parish at large could be supposed to emanate the third was, of those of the congregation w h o , for the gratification of their own vindictive spirit of per. tonal revenge, had dared to tura their backs on their altar, their religion, and their God. They had refused, like the deaf adder, to listen to the voiceof the charmer. They had afterwards disseminated a pamphlet, in the shape of a false and scandalous letter, in which it was falsely asserted that the income of the Doctor was 2,200/. Ile then took out a pam phlet and tore it to pieces, saying that it had hitherto only been rescued front the flames, in order that he might have an op. portunity of shewing thus publicly his contempt for it. If the Rector had condescended, from his high situation, to notice this production, how must they have hidden their diuri. niched heads before his powerful talent ? But the curse of slander still clung to it. There was only one good course left them to pursue —namely, to make an honourable retreat ; but if they were inclined to make a reparation for the wounds they had inflicted, he would recommend them to purchase a handsome piece of plate, with Which to present him, and on it to engrave a figure of Repentance. He trusted the friends of the Doctor bad rather increased than diminished: for one, he considered that the stipend of the Rector ought to be increased than otherwise ; his super-human eloquence entitled him to it; they owed hint a debtof gratitude which nothing mortal could sansfy.—(llear ! ) A Parishioner—Mr. Morgan only pays him a shilling in the pounti.—(A laugh.) Mr. ROLPJI said, that as he bad been personally alluded to, and as his letter on t hi s su bj ect had been attacked with vi rulent epithets, and only epithets, he should claim the liberty of inciting a fearless reply. When the almost single advocate of Dr. Owen (Mr. Morgan) crone forward and abused the op. ponents to the exaction, and stated that they were unworthy of attention because they were Dissenters, he (Mr. Rolph) would ask, who bad so much right to express their opinions as those Dissenters; Was it not enough that they paid voluntarily to , the support of a clergy whom they conscientiously believed to be the preachers of the truth? Was it not enough that they were compelled to submit to restrictions which were. contrary to liberty of opinion ; but that they must be compelled to pay for the maintenance of those who propagated doctrines inimical to their own, and that, too, at a most exorbitant rate ? —(cleer, hear, hear!)—But the representation was false the majority who opposed the exaction were members of the Established Church, which was so melt disgraced by these foul exactions.—(houd cheering.)—As to the charge of turning their backs upon their religion, it was untrue. They did not like to see these acts, which contravened its first principles; they did not like to go to church and hear, though his elo. quence might be " superhuman," preachina against the ac. cumulation of Mammon, pride, and extortion, and a love for the things of this world, whose whole life was one continual straggle for them by every means in his power. In igoorance, Mr. Morgan had asserted t h at a ca l umn i ous pam phl e t h at been circulated by the inhabita nts , w h om h e denominated fac tious. Now th a t p am ph let h a d b een c i rcu l ate d by -hi mse lf (Alr. Ralph) a l o n e , at hi s own c h arge . I t wa g sa id by Al r . Morgan t h at i t conta i ne d a falsehood in stating the Doc tor's incom e at 2,2001. per annum. This charge was a mere quibble. Th e d octor ' s income was nom i na lly' 1,8201., but the n he let out hi s rectory house in counting infuses, he had hi s cur . pike fees, and all hi s cl er i ca l e moluments ove r an d a b ove.— (Hear, hear!)—Now lie (Mr. Rolph) had taken the pains to look into the authorities, and make some research as to this living, which were not only curious in themselves as showing the progress of die church, but would illustrate the history of many other places where similar demands were made. The first valuation of this living that could be found, according to Stow, " before the wars anti casualties," was 541. per annum. In 1834 the clergy of London petitioned for an Increase of tithes, and stated in that petition that many of the benefices were riot worth 401. per annum, and the very highest not worth 100/. In 1866 an Act was passed owing to the Fire of London, whereby the aunts that each parish should respectively pay to the Maintenance of the ministry was passed. This Act conti. Hued in force antil 1804, when, in consequence of u . petition front the London clergy to Parliament, an addition was made to their former allowances ; and it was riot a little singular that the very highest salary fixed was 3081. 135., and paid per an. num. Now, in 1530, according to Neweourtee " Repertorium," the value of t hi s living was bu t 1201. per annum, without a par tionge house; although there were 15 more houses in the parish during the late Dr. Owen's life-time (and he was rector for 35 years) the highest salary that Ile received was front 2501. to 3001. per minutia—(llear, hear!)--Was it reasonable, therefore, to suppose that the parishioners could be content with the excessive and exorbitant rate levied by the present rector ? The father of the present rector (Dr. Owen), according to Malcolm, was so virtuous and learned, that the parishioners and the public, in respect and ad miration of his qualities, generously su b scr ib ed 1,0001. f or a p oa th umous vo l ume of his sermons, which was publiehed in 1797, for the benefit of his daughters. "Think you," said the speaker, " that the public would subscribe 1000/, for the evidence delivered by the present rector, before a Coin. tuittee of the !louse of Commons, in 1821, on the Vagrant haws ?—(Bear, hear, and cheers.)-1' request of you to get that evidence, and campare It wi t h the posthumous volume of sermons of the format rector; and perkapa gentlemen might then solve the problem, why they paid the former rec. (with great warmth)—Wh at dq you mean by that tor 2501. per annum, and a re compelled. to pay th e rector br. , v 2:I N . Sir ? Explain yourself; not submit to it. Mr. Rcialm —I shall give no explanation ; I have stated facts, anti leave the meetin g t o draw their conclusions. that Dr. OVVEN—Explai4 yuuPself , Sir ; w h at do you mean by inueruio - Mr. Roaaer.—l have eaid.nothing which should call for this. • Dr. OfvEW.—You arc a Paltry fellow ; what do you mean by it, Sir ? you ar e no man; I never regretted tin this day that' wore a blank coat.-4Flere great tumult arose. )-('To. Mr. Rolph, with great warmth,) You are a paltry fellow—a wretch. Dr. Rot.rx.—Do not put yourself in such a passion, doctor. Dr. OwEg.—That evidence did me immortal honour; Mr. Chetwynd and Sir Thomas Baring told me so. Mr. Rotris—.‘Vell, I did not say it did not ; I met Iy re commended the . gentle' en to read and judge for themselves. hut if it did yon immortal honour doctor, why be offended with me for mentioning it ? Dr. OwEN.—You are a/paltry fellow.:--(Great tumult.) Seteral of thelpariallioners here callq the Rector to order, and one of them contended, that every person had an undoubt. ed right to refer to printed-documents from the House of Commons, if they thought fit to Illustrate an argument by them. Dr. On-Ex.—Ape but what business has lie to attack my public conduct as a :Magistrate ? They have nothing to tdo with that here. Mr.NoDi N.—A nd it was very properly introduced here, as it tended to show what they had to expect from heir Rector , and formed a link of the cham of his public condtfct. Something like order was restored, when Mr. Ror.Pti cons filmed at considerable length, and in conclusion conjured them not to be overawed by any insolent domination ; but, as they valued their own property, and the welfare of posterity, to re sist, with all their might, the efforts to perpetuate so unjust and intolerable a burden.—(Cheers..) The Secretary to the Tithe Committee then read a long letter which had been sent to the Bishop of London. In settling the disputes of this parish, his Lordship had stated his intention to adopt the rental by which the income of the Rector of Bishops. gate had been determined. The letter from the Committee to his Lordship went into a series of calculations to show that the comparative rental of this parish, .in comparison with that of Bishopsgate, had been greatly misrepresented to his Lordship. To this letter the,following answer had been returned Fulham, Jan. 19. Sin—. The rental by which the payment to the rector of 13i shopsgate was detertnined is that on which he received his tithes. 1 take the same standard of talue with respect to St. Olave's, Hart-street, and am satisfied that an arrangement framed on this basis would be much for the advantage of the parishioners. But as you inform me that they are of a different opinion, and the benefit to be obtained is altogether prospec tive. it may perhaps be advisable to let the matter rest, more es pecially considering the difficulty of satisfactorily explaining in Parliament the very unusual proposition of reducing the value of the living to future incumbents below the sum actually re ceived by the present incumbent, and secured to him for the term of his incumbency. I remain, Sir, - Your obedient humble Servant, W. LONDON. E. 11. Jones, Esq., Chairman of the Committee of St. Olave's, Hart-street. A long and stormy debate then ensued. A letter from ths! Committee to the Bishop, stating their willingness to fillet every condition that bad been proposed,by them as to a settle ment, on terms similar to those of Bishopegate parish, who!' taken at a propel rental, was read. This letter was approved of by the Vestry, and ordered to be sent. It was also resolved, that every effort to prevail on the Lord Bishop to interfere. and thereby settle the disputes that agitated the parish,had been unsuccessful, although the parish were willing to secure to the rector the enormous income which he at present received, pro vided the provision for the future incumbent was placed 00° 1 equitable basis, consistent with the extent and population 0. the parish ; that nothing was lett to them but an appeal to Parliament, and they required the Tithe Committee to peps a petition for the purpose. These proceedings were carried with only voices. Thanks were given to the Tithe C om mittee, An d the meeting separated without paying the usual compliment to thd Chairman. two dissentient THE DUKE OF YORK. The t p s2 a , r i i , s a h n o d f ir ( a l s er r k h e e n f w irs el t l r l o w a ld gr a ee p ro ub a li n e meeting on n o ri f the h an2ok_tt: and Congratulation to his Royal Highness the Duke of for the manly and constitutional support which, in Parliarnen': and as a Peer of Parliament, he had given to the Protestant Throne and the Protestant Altar. The absence of one dual, who was called from home immediately after the meeting' had taken place, and who, it w a s d es i re d, s h ou ld acc o mpany „ t f,,‘ Address, unavoidably prevented the _p resen t a tion to the "" t 13 . Presumptive till Thursday, when a Depu ta tion, consisting n_ Roger Staples Fisher, Esq. and other Gentlem e n, waited 1),r6 his Royal Highness, and were most graciou s ly received.- 3 t Rev. It. Curate of the Parish, who accompanied tve Deputation, addressed his Royal Highness in a neat and aPPT ° ' priate speech. Mr: Fisher, the Chairman, then read the Ad' dress, to which his Royal Highness replied in the following terms , TO Tlin INHABITANT OF TUE pARISTI OF ci,Enxt.NWELL GENTLEMEW—ln . returning you my 'sincere thanks for site honour you haye done me in voting the present Address, I b e g i : to assure you, that I derive great satisfaction from finding th* • my public conduct has merited the approbation of 'so respec„ l : able a body of persons as the inhabitants of the va rich Of O e ' ken well. (Signed) FRLDERICg• UNIVERSITY INTEI4LIGENCE. OXFORD, JAY. 27. --Wednesday last, in full Convocation' a letter was read from Richad Heber, Esq., declaring MI j e W i tention of retiring from public life, by accepting the Chflt • Hundreds. On Thursday the Rev. Charles Henry' • Cox, M.A., and Stu dent of Christ Chum ) ) , was admitted one ofth e Sub..Litirsri sn ; of the Bodleian Library, in the room of the Reverend Richl i !', French Lawrence, M.A., late Fellow o f P em b ro k e College, 0 "'" has resigned. Same day the following Degrees were conferred : DOCTOR IN nivnirrY. Rev. Thomas Jacob John Hale, Queen's. Won') AACHEI.on AND DOCTOR I N DIVINITY (by accumul Rev. John Poore, Brasennose. DOCTOR IN MEDICINE. Patrick Murphy, ofMagdalen Hall; incorporated Ito," f'in'd College, Dublin. BACHELORS IN DIVINITY. Rev. Charles Henry Hutton, 1 Fellows of Magdalen. Rev. George I'llawson Nelson, MASTERS Or Rev. Charles Philip Lyne, Queen 'sARTS. Rev. Edmund N e l son D ean, Pembroke. Rev. Thomas V ere B ayne,.scholar of Jesus. Frederick S e pti mus E m l y, Wadham. i F t i l c i i l l i as ip rd W N 'b e i w tc e o e n ni i b b e e e Charles etno s) William Cripps e Trinity, one of the University Sch94 o °II i l ny r. ° le ► , t t . B s r O a s F e n A o R s e. S. T Haecnorby Alr. \going's f oun d ation. William Smyth e , li i :- I• Y eema ' ne i Thomas Par ti n ton,g Isaac King, Christ Ch urc h, Thomas Wadham. , / e • ' Students of Christ Chu rch. J ECCLESIASTICAL PREFERMENTS. , : I JtI Sh T or h t ; The Rev. Dr. Bull, Student'of Christ Ch urc e ,_ „ o r veraity, and Canon of Exeter Cathedral, to the Archm, „a c :, o o of Cornwall, vacant by the decease of the venerableAre nue— Rev. Thomas Sanders to the vicarage of To t oc i r pto e ii i. Northamptonshire, vacant by the death of the Rev. lo f t; -.0 Pons, LI, B. ; patron, the 'Lord Bishop of Lichfie , " ' Coventry. , to i, The Rev. Henry Hedy Rogers, L.L.B. has been inside ) ~. by the Lord Bishop of Bath and Wells, to the Recory of I 11.1 ', 1 and the Rev. Richard Colston Phelips', M.A. to the Vic i al ti of Alontacute, both void by the death of the R ev. W 11 Langdon. . .., „oU Great Barton, Suffolk; patron, Sir .Henry Edward BunburY, Bart. of Great Barton. • ai The Rev. Wm. Robert Blake . , A.B. to the Vicarag- _ The King has been pleased to present the Rev. Willut, Alarylebone, vacant by "the resignation of the Rev. G ° ° Fawssett, M.A. to the Ministry of Brunswick Chapel;_ r ,:, Saxby P Kingenfold has . . ' 1110 Thhasbeen' pleased- to present the Rev. Vi . 0 . Fleming to the church , and pariah of Westruther \'n thetP!,, bytery of Lauder and county of Berwick, vacant 'b th e e e. 7o portanon of Air. John Birrel, late Minister there, tot ° , ll\ and. parish of Coeur. aa ee° The Rev. J. SiMth, late of Stone, Staffordshire, h ou ad, appointed Under Master of the Free Grammar School, S' Dmo—o n the ::3d of last November, diately after his arrival at Kingston, in the is° o f f , where he went for the re coverY. o Isis health, after a long and painful illness, w'no, he boreamaica with exemplary fortitude and r esi g n e d than, and which terminated in consumption)Ag Q , 2t, HEN R La Y WILm, only son of FaANcl 5 ShrrTii, Esq. I. of Goshenoughill and gin i " e laud, in that Island. u j